Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
A successful patentee in an infringement action is entitled to the remedies prescribed in the Patents Act, namely an injunction and damages, plus any other remedy the court may determine.
When ruling on damages, the court may take into consideration the acts of the infringer, the scale and magnitude of the infringing acts, profits made by the infringer, reasonable royalties that the infringer had to pay, if he or she was given a licence to exploit the patent. The foregoing list is not exhaustive.
The court may also rule for punitive damages for an amount that does not exceed the actual damages ruled (namely, double damages) where the infringement was committed after the patentee or the exclusive licence owner warned the infringer prior to the infringing act. As such, under some circumstances it is advisable to send warning letters to the alleged infringer prior to filing a suit.
As to the obligations of the patentee, he or she has to pay renewal fees only after the patent is granted. The fees payable and the periods of renewal are as follows:
It is also possible to pay the renewal fees in advance for the entire 20-year period with a slightly cumulative discount (USD3,325).
Note: All official fees are charged in Israeli new shekels (ILS). USD rates appearing in this review are approximate and calculated based on an exchange rate of ILS3.68 to USD1. Thus, adjustments may need to be made to reflect currency fluctuations. In addition, these fees are linked to the consumer price index.